MANI K. Vs. DISTRICT COLLECTOR PALAKKAD

JUDGEMENT

(1.) Dated this the 27th day of May, 2025 The writ petition is filed to quash Ext.P6 order and direct the 2nd respondent to re-consider Ext. P7 application(Form 5) submitted under Rule 4(d) of the Kerala Conservation of Paddy Land and Wetland Rules, 2008 ('Rules' in short).

(2.) The petitioner is the owner in possession of 0.1103 hectares of land comprised in Re-Survey No. 418/32 in Block No. 16 of Kuzhalmannam-1 Village, Alathur Taluk, Palakkad District, covered by Ext. P1 title deeds and Ext. P2 possession certificate. The petitioner's property is a dry land. However, the respondents have erroneously classified the petitioner's property as paddy land and included it in the data bank. The petitioner's predecessor in interest had filed a Form-5 application under Rule 4(d) of the Rules to remove the property from the data bank. By Ext. P6 order, the second respondent had rejected the said application on the ground that there is no material to prove that the property was converted prior to 2008 and removal of the property from the data bank would adversely affect the paddy cultivation. Nonetheless, it is observed that the property is presently a 'fallow land'. After purchasing the property, the petitioner without knowing the passing of Ext. P6 order, submitted Ext.P7. The said application was returned to the petitioner on the ground that Ext. P6 order has already been passed. Ext. P6 is passed without any application of mind. Therefore, Ext. P6 order may be quashed and the authorised officer be directed to reconsider the matter afresh. Hence, the writ petition.

(3.) Heard; the learned counsel for the petitioner and the learned Government Pleader.